Dipak Prakas Kundu, J. - (1.) Premises No. 27D/3, Baburam Ghosh Road, Calcutta-700 040 is the subject matter of the present writ proceeding. All prayers made in the writ proceeding are confined to the area covered by the aforesaid premises. In this writ proceeding the writ petitioner, inter alia, has prayed for quashing and setting aside (1) the draft statement made under Section 6 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the said Act), (2) final statement made under Section 9 of the said Act, (3) notification issued under Section 10 of the said Act, (4) the deed of gift or patta, if any, made in favour of respondent No. 5 in respect of 27D/3, Baburam Ghosh Road, Calcutta-700 040 and (5) findings of the competent authority that the premises being No. 27D/3, Baburam Ghosh Road, Calcutta-700040 is a vacant land as defined under Chapter-III of the said Act.
(2.) In the State of West Bengal the said Act came into force on February 17, 1976. In relation to the State of West Bengal, in which the City of Calcutta is situated, "the appointed day" is January 28, 1976. It is thus evident that between "the appointed day" and the date of enforcement of the Act there is a 20 days gap. The said Act ordains a ceiling limit of 500 sq. metres for the Urban Aglomeration of Calcutta, as per Item-18 of Category 'A' in Schedule-1 of the Act.
(3.) The admitted fact is that one Smt. Hemanta Nalini Ghosh of formerly 75B, Beadon Street, now 7/1 A, Jotindra Mohan Avenue, Calcutta submitted a statement under Section 6(1) of the said Act on 7th February, 1978 in the office of the Competent Authority, Calcutta, showing the ownership of the following landed properties in the statement under Section 6(1) of the said Act. (a) Premises No. 27D Baburam Ghosh Road measuring about 1858.03 sq. metres and (b) Premises No. 7/1 A, Jotindra Mohan Avenue, Calcutta measuring about 716.89 sq. metres. Both the properties of Smt. Ghosh thus became liable to be screened by the authorities under the said Act. Accordingly, an urban land ceiling proceeding being UL Case No. 6(1) 96/V-20/78 was initiated in respect of the statement submitted by Smt. Ghosh under Section 6(1) of the said Act. An enquiry was caused into the landed properties involved and on enquiry it was ascertained that the landed property at Premises No. 27D, Baburam Ghosh Road was entirely a vacant land with total area of 2333.03 sq. metres.;